Legal Opinion

Kustasz v. City of Detroit

Michigan Court of Appeals

Decided December 2, 1970No. Docket 8,626PublishedCited by 7 opinions

1Opinion of the CourtJ. H. Gillis, J.

Plaintiff was injured in a fall upon a public sidewalk. The fall was caused by a depression 12 inches long, 4 inches wide, and 3 inches deep in that walk. A claim of injury was timely

filed with defendant. It was sent by certified mail and signed by plaintiff’s attorney. The trial court granted defendant’s motion for an accelerated judgment on the ground that plaintiff’s notice of claim failed to comply with statutory requirements, MCLA § 691.1404 (Stat Ann 1969 Bev § 3.996[104]). Plaintiff appeals from that judgment.

The sole issue on appeal is whether there was sufficient notice to the city…

2Cases cited6 opinions

  1. Meredith v. City of MelvindaleMichigan Supreme Court · 1969
  2. Ridgeway v. City of EscanabaMichigan Supreme Court · 1908
  3. Swanson v. City of MarquetteMichigan Supreme Court · 1959
  4. Penix v. City of St. JohnsMichigan Supreme Court · 1958
  5. Kowalczyk v. BaileyMichigan Supreme Court · 1967

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Green v. Department of CorrectionsMichigan Court of Appeals · 1971
  2. Plunkett v. Department of TransportationMichigan Court of Appeals · 2009
  3. Hussey v. City of Muskegon HeightsMichigan Court of Appeals · 1971
  4. Reynolds v. Clare County Road CommissionMichigan Court of Appeals · 1971
  5. Aikens v. Department of ConservationMichigan Court of Appeals · 1971

2 more not listed; retrieve them via the Exa API.

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